District of North Dakota

Prisoner Marriages

A. General: Prisoners retain the right to
marry subject to restrictions as a result of their detention. The USMS may allow a prisoner in its custody to marry unless the
marriage would interfere with the prisoner’s judicial proceedings
or is inconsistent with USMS and/or detention facility security
concerns.

B. Procedure: If a prisoner requests to
be allowed to marry, the U.S. Marshal should follow these
procedures:

1. Obtain a written request from the
prisoner for authorization to be married and such a request should
contain the name of the individual they want to marry.

2. Contact the Assistant U.S. Attorney
assigned to the case to ascertain whether the marriage would
undermine the case.

3. Ascertain whether the prisoner has
been designated for imminent movement from the district. If the
prisoner has been scheduled for imminent movement, the U.S.
Marshal generally should defer the prisoner’s request to be
married until after the prisoner has
been moved to another facility.

4. Contact the detention facility in
which the prisoner is housed to ascertain whether the facility has
policy or procedures regarding inmate marriages. The U.S. Marshal
should generally defer to the facility’s policy and procedures.
The U.S. Marshal, in coordination with the detention facility
retains the discretion regarding the time, location, attending
guests, etc.

5. If the facility does not allow inmate
marriages, the U.S. Marshal should defer the prisoner’s request to
be married until after the prisoner completes his or her judicial
proceedings and has been moved to another facility for service of
sentence.

6. Should the prisoner attempt to obtain
a Court order directing the U.S. Marshal to move the prisoner for
the purpose of being married, the U.S. Marshal should inform the
Court of the security risk and cost. If the Court nevertheless
orders the U.S. Marshal to move the prisoner, the U.S. Marshal
should request the Court to order the prisoner to pay all actual
costs involved.

7. If a marriage is directed by the
Court, no guests shall be allowed to be present and the U.S.
Marshal shall determine the time, date, and place of the ceremony,
based upon security concerns and requirements.

8. If additional guidance is needed, the
U.S. Marshal should contact the PSD and the Office of General
Counsel.